contract act

pavani.pothugunta (Querist) 28 July 2011 This query is : Resolved
Vicky sells to Dimple ,"my estate at Rampur containing 100 bighas".Vicky has an estate at rampur containing 100 bighas.Can later on vicky be allowed to give evidence of the fact that the estate meant to be sold was one situated at a different place and of a different size?

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prabhakar singh (Expert) 28 July 2011
can adduce but no chance to make story reliable if whole circumstances pleaded by him are shared by you.

M V Gupta (Expert) 30 July 2011
No, as the property which is subject matter of sale has been sufficiently identified with reference to its location and size. No evidence to the contrary is sustainable. Dimple can rely upon the sale deed and any other evidence available with him to corroborate the identity of the property.

R.M.Bhaduri (Expert) 31 July 2011
The contents recited in the sale deed must be clear, not vague; if it is clear then no question of adducing evidence on different subject matter by the Vicky shall be sustainable, otherwise in case of vague terms, there shall always arise a dispute.

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